A High Court sitting in Abuja has nullified two separate fundamental rights enforcement suits filed by two brothers of the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, against the Attorney General of the Federation (AGF) and the Department of State Services (DSS).
The suspended CBN Governor’s brothers, George Emefiele and Okanta Emefiele, had separately approached the court, seeking an order of perpetual injunction restraining the DSS from inviting, harassing, and arresting or detaining them on any matter relating to the ongoing investigation of their brother by the secret police.
However, the counsel for the applicants, Grace Ehusani, on Wednesday, August 23, 2023, told the court that the applicants separately filed a notice of discontinuance of the case.
Ehusani did not give any reasons for the application.
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The counsel for the DSS, Ibrahim Awo, urged the court to dismiss the case, instead of striking it out as requested by the applicants’ counsel.
Awo stated that a cost of N2 million should be slammed against the applicants in favour of the respondents.
Counsel for the AGF, Maimuma Lami-Sheru, agreed with Awo’s request, saying in line with Order 24 Rule 1 (1) of the FCT High Court Rules, the applicants should pay the cost and therefore asked for a cost of N2 million against the applicants.
The presiding judge, Justice Emmanuel Okpe, in his ruling, struck out the cases and ordered that no cost should be paid by the applicants since the respondents are government agencies.
The judge had, on August 4, restrained the DSS from arresting the siblings, while ruling in the two ex-parte motions brought before the court by Emefiele’s siblings.
He held that the restraining order, made in respect of the two applicants, shall subsist pending the determination of the fundamental rights enforcement suits filed separately by George and Okanta.
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